NEW YORK (AP) — Luigi Mangione is due in court Tuesday as his lawyers push to have his state murder charges thrown out in the killing of UnitedHealthcare CEO Brian Thompson. They argue that the New York case and a parallel federal death penalty prosecution amount to double jeopardy.
Also to be decided: a trial date and whether the state case or federal case will go first.
Isn’t that basically what his defense is arguing though? That without sufficient jurisdiction, it’s effectively double jeopardy, and the federal government is only bringing a case forward because they want the death penalty to be on the table
If they were arguing against federal jurisdiction, they would be arguing against federal jurisdiction, not saying that it “amounted to” double jeopardy. The judge has still left the double jeopardy argument open, though.